And Now Idaho! Federal Judge Rules Marriage Ban Unconstitutional

At this rate we’ll have full nationwide marriage equality by lunch next Tuesday:

A federal judge in Idaho has ruled that the state’s ban on same-sex marriage is unconstitutional because it violates couple’s equal protection under the Fourteenth Amendment. In a strongly worded opinion, Chief Magistrate Judge Candy Wagahoff Dale ruled that the couples who sued are “entitled to extraordinary remedies because of their extraordinary injuries,” declaring that the state is permanently enjoined form enforcing the ban as of Friday morning.

Idaho Gov. Butch Otter (R) attempted to justify the state’s marriage laws with four claims, all of which Dale dismissed. First, Otter argued that the marriage laws promote child welfare, but Dale countered that raising children is not a prerequisite or expectation of marriage, and thus not relevant to limiting the institution to different-sex couples, adding that “the Governor’s child welfare rationales disregard the welfare of children with same-sex parents.

Secondly, Otter contended that “Idaho’s interest in child welfare is served by directing the State’s limited resources to opposite-sex couples.” Judge Dale was not impressed, because “the Supreme Court has rejected the argument that cost-cutting is a sufficient reason for denying benefits to a discrete group.” Further, the same rationale continues to hurt the children of same-sex couples, what Dale called a “State-endorsed message of unworthiness.”

Third, the state argued that marriage is a state’s right, so the ban on same-sex couples marrying is acceptable for reasons of federalism. Citing Windsor, last summer’s decision overturning the federal Defense of Marriage Act, Dale explained that “‘federalism’ is no answer where, as here, individuals claim their state government has trampled their constitutional rights.”

Lastly, Otter argued that the ban on same-sex marriage supports religious liberty and avoids religion-centered conflicts. Dale described this view as “myopic,” noting that even “some of the Plaintiffs actively worship in faiths that recognize and support their unions.”

It’s nice to see the religious right’s arguments being used against them.

Speaking of wingnut heads exploding, it turns out that Idaho’s marriage ban was co-authored by none other than Bryan Fischer of the American Family Association hate group. He is Not Happy:

“A subjugated nation.” How pitiful that he really thinks that the fact that many Idaho couples’ lives will be better, safer and more protected really bothers the majority of Americans as much as it bothers him.

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8 Comments

RJTOMay 14, 2014 at 7:23 am -

The cries of wingnut outrage will begin shortly, of course. But they will be limited to “Activist judge!”, “Judicial tyranny!”, “Mocking God’s word!” Not one of them will address the actual points the judge brought up in making her decision. Of course.

Chris LamparelloMay 14, 2014 at 8:06 am -

Apparently, Bryan Fischer’s “judicial tyranny” argument only seems to apply to decisions that he doesn’t like. Were this sixty years ago, he’d be decrying Brown v. Board of Education on the same basis.

John PatrickMay 14, 2014 at 10:08 am -

Bryan proves the judge’s point. He is the tyrannical one, who would impose his words and views of marriage on all religious groups in Idaho. He is the one who is opposed to religious freedom. But what else can we expect from a man whose purpose these last years has been to use lies to restrict freedoms of his fellow citizens.

CJMay 14, 2014 at 11:16 am -

Seriously. Butch Otter?
Does someone other than me find that a bit ironic?

vorpalMay 14, 2014 at 3:09 pm -

I almost lost it when I read the name Butch Otter.

Bill SMay 14, 2014 at 11:40 am -

Fischer posts three differently worded versions of “Waaaaaah!!! No fair!”

MerlynneHerneMay 14, 2014 at 12:34 pm -

“Gov. Butch Otter, Idaho and a subjugated nation turns its lonely eyes to you…” Seriously? What a drama queen! More drama than Turner Classic Movies.

RonMay 14, 2014 at 12:48 pm -

If you want some additional laffs, watch the relatively recent interview of Fischer on the David Pakman Show.

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